Central Administrative Tribunal - Gauhati
Ramesh Chandra vs North Easter Police Academy on 5 October, 2023
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 043/00229/2017
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
Sri Ramesh Chandra
S/o Late Jagat Ram Dhoundiyal
Assistant Director, Official Language
North Eastern Police Academy
Umsaw-793123, Meghalaya
...Applicant
By Advocates: Sri M Chanda & Smt U Dutta
- Vs-
1. The Union of India
Represented by the Secretary
To the Government of India
Ministry of Home Affairs, North Block
New Delhi-110 001.
2. The Director
North Eastern Police Academy
Umsaw-793123, Meghalaya.
3. The Secretary
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
North Block, New Delhi- 110 001.
....Respondents
OA. 043/00229/2017
2
By Advocate: Sri A Kundu, Addl. C.G.S.C.
Date of Hearing: 21.09.2023 Date of Order: 05.10.2023
(at Shillong)
ORDER
PER URMITA DATTA SEN, MEMBER (J):
The instant application has been filed with the following prayers:-
"8.1 That the Hon'ble Tribunal be pleased to set aside and quash the impugned letter dated 18.02.2017 (Annexure-13).
8.2 That the Hon'ble Tribunal be pleased to direct the respondents to review the benefit of ACP/MACP already granted to the applicant and further be pleased to declare that the applicant is entitled to benefit of 1st ACP in terms of Govt. OM dated 09.08.1999 in the grade pay of Rs.6,600/- (revised) in the relevant pay band as well as benefit of 2nd MACP and 3rd MACP in the grade pay of Rs.7,600/- (revised) and in the grade pay of Rs.8,700/- (revised) respectively in terms of Govt. of India OM dated 19.05.2009 in modification of the earlier order dated 28.05.2014 (Annexure-) as well as in modification order dtd. 27.11.2014 (Annexure-) with all consequential benefit including arrear monetary benefit.
OA. 043/00229/2017 3 8.3 Costs of the application.
8.4 Any other relief(s) to which the applicant is entitled as the Hon'ble Tribunal may deem fit and proper."
2. As per the applicant, he was initially appointed as Hindi Instructor in the pay scale of Rs.470-750/- (revised Rs.5000-8000/- as per 5th CPC) vide order dated 12.11.1984 in the North Eastern Police Academy (NEPA in short), Umsaw, Meghalaya. While the applicant was serving as such, the Ministry of Home Affairs, vide its order dated 26.05.1998 (Annexure-1), with the sanction of the President of India, had created one post of Hindi Officer in the scale of Rs.6500-10500/- in NEPA w.e.f. the date the post being filled up by simultaneously abolishing the existing post of Hindi Instructor (Rs.5000-8000) with the condition that sanction for creation of the post of Hindi Officer in the pay scale of Rs.6500-10,500/- is however subject to the condition that Recruitment OA. 043/00229/2017 4 Rules for the post are finalized within three months from the date of creation of the post, as per Ministry of Finance OM dated 25.11.1993. Pursuant to the said order dated 26.05.1998, one DPC was constituted and in the light of the recommendation of the DPC, the applicant was posted as Hindi Officer (Group B) in the scale of pay of Rs.6500-10500/- w.e.f. 01.06.1998 and subsequently said post of Hindi Instructor created vide earlier order dated 08.07.1983 stood abolished w.e.f.01.06.1998 vide order dated 30.05.1998 (Annexure-3).
3. Subsequently, pursuant to the CCS (RP) Rules, 2008 as per recommendation of the 6th CPC, & DoPT OM dated 13.11.2009, the pay of the applicant was fixed in the Grade Pay of Rs.4600/- in the relevant Pay Band of Rs.9,300-34800/- w.e.f. 01.01.2006. Thereafter, vide order dated 19.05.2012 (Annexure-9), the applicant was granted 2nd MACP in the Grade Pay of OA. 043/00229/2017 5 Rs.4800/-, however, effect of same was granted w.e.f. 01.09.2008 only.
4. Further, vide OM dated 24.11.2008, the pay scale for Official Language Posts in various subordinate officers of the Central Government was notified wherein the post of Hindi Officer was re- designated as Assistant Director (OL) and placed in pre-revised scale of Rs.8000-13,500/- and further granted corresponding Grade Pay of Rs.5400/- and requested the Ministries/Departments to grant revised pay scales approved for various posts in CSOLS to similarly situated Official Language Posts existing in their subordinate offices. Pursuant to the aforesaid OMs dated 24.11.2008 and 27.11.2008, a proposal was sent to the Ministry for re-designation of the post of Hindi Officer as Assistant Director (OL) in NEPA and to place in the Pay Band 3 Rs.15600-39100/- with Grade Pay of Rs.5400/- w.e.f. 01.01.2006. Consequently, OA. 043/00229/2017 6 Ministry had accorded the approval for extending Grade Pay of Rs.5400/- and to re-designate the post as Assistant Director (OL) w.e.f. 01.01.2006 vide letter dated 13.03.2014 (Annexure-7). Accordingly, vide order dated 22.03.2014 (Annexure-8), the post of Hindi Officer, which was occupied by the applicant, was re-designated as Assistant Director (OL) at NEPA and the applicant was extended Grade Pay of Rs.5400/- in PB 3 Rs.15,600-39,100/- w.e.f. 01.01.2006.
5. According to the applicant, on account of posting of the applicant in the post of Hindi Officer w.e.f. 01.06.1998 and subsequent replacement scale of pay in Grade Pay of Rs.5400/- in Pay Band 3 of Rs.15,600-39,100/- w.e.f. 01.01.2006 pursuant to OMs dated 24.11.2008 & 27.11.2008 with the re- designation of the post as the Assistant Director (OL), the benefit earlier granted to the applicant vide order dated 19.05.2012 in fact became infructous and OA. 043/00229/2017 7 invalid. As such, applicant made a representation on 12.05.2014 for review of the benefit of MACP, and on consideration of his representation, the applicant was granted 2nd MACP benefit in the Grade Pay of Rs.6,600/- in Pay Band 3 w.e.f. 01.09.2008 vide order dated 28.05.2014. However, it appears that the respondents wrongly contended the financial upgradation granted in the Grade Pay of Rs.6,600/- as 2nd MACP instead of 1st MACP or 1st ACP as because the applicant was never given any benefit of financial upgradation in terms of Govt. of India OM dated 09.08.1999. Therefore, the applicant is legally entitled to the benefit of 1st ACP/MACP on completion of 12/10 years of service.
6. Subsequently, on completion of 30 years of service, the applicant was granted 3rd MACP in the Grade Pay of Rs.7600/- w.e.f. 14.11.2014 vide order dated 27.11.2014 (Annexure-10) without reference to OA. 043/00229/2017 8 his entitlement of 1st ACP benefit in terms of Govt. of India OM dated 09.08.1999. Being aggrieved, applicant submitted two representations dated 28.10.2016 and 17.01.2017 (Annexure-11), wherein he prayed for re-examination and review of benefits of MACP. The applicant further requested that since he was placed in the higher scale and Grade Pay of Rs.5400/- w.e.f. 01.01.2006, he is entitled to Grade Pay of Rs.6600/- due to 1st ACP/MACP; Rs.7600/- towards 2nd MAPC; and Rs.8700/- as 3rd MACP on completion of 10, 20 & 30 years of service respectively. However, applicant's prayer was rejected vide letter dated 18.02.2017 (Annexure-13) on the ground that since the applicant was promoted to Hindi Officer from the cadre of Hindi Instructor, therefore, he is entitled to 2 nd MACP in Grade Pay of Rs.6600/- and 3rd MACP in Grade Pay of Rs.7600/-, which had already been granted to him vide order dated 28.05.2014 and 27.11.2014 respectively.
OA. 043/00229/2017 9
7. It has been further submitted that from the perusal of the OM dated 26.05.1998, it would be evident that post of Hindi Instructor was abolished with the creation of the post of Hindi Officer. Therefore, no post of Hindi Instructor was available when applicant was posted as Hindi Officer by filling up the said post, the question of promotion does not arise as the post of Hindi Instructor cannot be treated as feeder cadre for the promotion to the post of Hindi Officer as that post was already abolished. Moreover, as the applicant was appointed as Hind Instructor in the year 1984 that period cannot be excluded for the purpose of MACP by treating the posting of the applicant against the upgraded post of Hindi Officer with the abolition of the post of Hindi Instructor.
8. As after the abolition of the post of Hindi Instructor, the applicant was placed in the post of Hindi Officer but no promotion as such was granted OA. 043/00229/2017 10 to him as the Recruitment Rules was promulgated in 2012. Therefore, according to the applicant, his first MACP has to be counted from his initial appointment as Hindi Instructor since after abolition of the said post in 1998 unless he would be posted in the newly created post of Hindi Officer, he had no option to go anywhere. Therefore, his first financial upgradation from his initial appointment should be granted from Grade Pay of Rs.5400/- to Rs.6600/-, and the second and third financial upgradation in the Grade Pay of Rs.7600/- and Rs.8700/- respectively.
9. The respondents have contested the claim of the applicant in their written statement. According to the respondents, applicant was appointed as Hindi Instructor in NEPA in the scale of Rs.470-750/- (3rd CPC) vide order dated 12.11.1984 revised to Rs.5000-8000 at 5th CPC. Subsequently, a post of Hindi Officer in the scale of Rs.6500-10500/- was created in NEPA vide OA. 043/00229/2017 11 MHA order dated 26.05.1998 w.e.f. the date the post is filled up by simultaneous abolition of the existing post of Hindi Instructor subject to the condition that Recruitment Rules for the post are finalized within three months. Accordingly, pursuant to the recommendation of the DPC held on 29.05.1998, the applicant was promoted to officiate as Hindi Officer in the scale of Rs.6500-10500/- w.e.f. 01.06.1998 vide order dated 30.05.1998 and simultaneously the post of Hindi Instructor was abolished from 01.06.1998.
10. According to the respondents, as per the Recruitment Rules, notified in 2012, the post of Hindi Officer is to be filled by deputation/absorption filing which by Direct Recruitment. In addition, as a one time measure, provision was made for promotion of Hindi Instructor of the Department and having minimum 8 years regular service and 5 years teaching experience in Hindi. Thus, the respondents contended OA. 043/00229/2017 12 that applicant was promoted from Hindi Instructor to the post of Hindi Officer as one time measure. According to the respondents, for the above reasons, the claim of the applicant that appointment to the post of Hindi Officer cannot be treated as promotion in the absence of any Recruitment Rules is wrong.
11. Since the applicant was promoted to the post of Hindi Officer in 1998 in higher pay, his claim for 1st ACP/MACP is already over, and he was entitled to 2nd financial upgradation under MACP. As the said scheme came into effect from 01.09.2008, applicant was granted 2nd MACP in Grade pay of Rs.4800/- w.e.f.01.09.2008 vide order dated 19.05.2012. Thereafter, pursuant to the proposal of NEPA, the MHA vide its letter dated 13.03.2014, extended the Grade Pay of Rs.5400/- to the Hindi Officer of NEPA and to re-designate the post as Assistant Director (OL). Accordingly, the applicant was granted Grade OA. 043/00229/2017 13 Pay of Rs.5400/- in PB 3 w.e.f. 01.01.2006 with re- designation of the post as Assistant Director (OL). Since the applicant's pay was upgraded to Rs.5400/- w.e.f.01.01.2006, his 2nd financial upgradation under MACP was reviewed, and in cancellation of earlier order dated 19.05.2012, he was granted Grade Pay of Rs.6600/- w.e.f. 01.09.2008 vide order dated 28.05.2014. Thereafter, on completion of 30 years of service, applicant was already granted Grade Pay of Rs.7600/- in Level 12 of 7th CPC w.e.f. 16.11.2014.
12. According to the respondents, if the appointment of the applicant as Hind Officer cannot be treated as promotion, then his appointment as Hindi Officer w.e.f. 01.01.2006 by Direct Recruitment would be treated as fresh appointment. Under such circumstance, provision of DOPT OM dated 10.02.2010 in calculating the benefits under MACP would be attracted. Clarification given with regard to OA. 043/00229/2017 14 Point of Doubt No.4 & 5 in the said OM is extracted below:-
"..... if the appointment is made to higher pay scale either as on direct recruitment or on absorption (transfer) basis or first on deputation basis and later on absorbed (on transfer basis), such appointment shall be treated as direct recruitment and past service/promotion shall not count for benefits under ACPs.
According to the respondents, if the applicant's appointment as Hindi Officer w.e.f. 01.06.1998 would be treated as fresh appointment, he would be eligible for 1st MACP in Grade Pay of Rs.6600/- w.e.f. 01.09.2008, and since he had already retired on 01.09.2017, he would not be eligible for 2nd financial upgradation under MACP. In that case, recovery from the applicant on account of grant of 2nd & 3rd MACP would arise in the spirit of the aforesaid OM.
13. Respondents finally concluded that since the applicant had received one promotion to the post of OA. 043/00229/2017 15 Hindi Officer, he is entitled to 2nd and 3rd financial upgradation under MACP only which he had already been granted on the due dates on completion of 20 and 30 years of regular service respectively. Therefore, his claim for grant of Grade Pay of Rs.8700/- as 3rd MACP has rightly been rejected. Accordingly, respondents prayed for dismissal of the OA being devoid of merits.
14. In the rejoinder the applicant submitted that on the date of appointing the applicant as Hindi Officer at NEPA, there was no Recruitment Rules for Hindi Officer. Neither Hindi Instructor was the feeder cadre for Hindi Officer nor the post of Hindi Instructor had any promotional avenue on the date of such creation/abolition. Besides, the Recruitment Rules were notified only on 22.10.2012 which came into force on the date of publication only. Since the said Rules were non-existent at the time of appointment of OA. 043/00229/2017 16 the applicant as Hindi Officer on 01.06.1998, respondents contention that applicant was promoted from Hindi Instructor to Hindi Officer as one time measure taking resort of 2012 Rules is not tenable. Applicant reiterated that his appointment as Hindi Officer is adjustment and not the promotion, therefore, he is entitled to three financial upgradation under ACP/MACP schemes. Applicant relied on the judgment of the Hon'ble Supreme Court in the case of Union of India & ors vs Balbir Singh Turn & Anr in Civil Appeal Diary No.3744/2016 & Series decided on 08.12.2017 wherein the Hon'ble Supreme Court directed to give effect the MACP Scheme w.e.f. 01.01.2006 and claimed that applicant is entitled to 1 st ACP from 09.08.1999; 2nd MACP from 01.09.2008 and 3rd MACP from 28.05.2014 in the Grade Pay of Rs.6600/-, Rs.7600/- and Rs.8700/- respectively.
OA. 043/00229/2017 17
15. In the additional rejoinder the applicant brought out the facts that earlier the respondents had cancelled his appointment as Hindi Officer retrospectively w.e.f. 01.06.1998 vide order dated 26.10.2009 after a long lapse of 11 years on the ground that relevant Recruitment Rules could not finalized within the stipulated period. It was further alleged that DPC was wrongly constituted. Said order was challenged by the applicant before this Tribunal vide OA.235/2009. This Tribunal after hearing both the sides, quashed the impugned order and allowed the OA vide order dated 09.06.2010. While doing so, this Tribunal held that appointment of the applicant as Hindi Officer as promotion.
16. In this connection, applicant relied on clause 5 of Annexure-1 of the MACP Scheme dated 19.05.2009, which stipulates that promotions earned/upgradations granted under the ACP OA. 043/00229/2017 18 Scheme in the past to those grades, which now carry the same grade pay due to merger of pay scales/upgradation of post recommended by the 6 th CPC, shall be ignored for the purpose of granting upgradation under Modified ACPs. According to the applicant, since the pay scales of feeder post Hindi Instructor Rs.5000-8000 and promoted post of Hindi Officer Rs.6500-10500/- got merged into a single pay scale, which carry the same Grade Pay due to merger of the pay scales, as such promotion earned by him in the post of Hindi Officer w.e.f. 01.06.1998 from the feeder post of Hindi Instructor is liable to be ignored for the purpose of granting financial upgradations under MACPs. As such, contention of the respondents that applicant is not entitled to 1 st financial upgradation is not correct. In support of his contention, learned counsel relied on the following decisions:-
OA. 043/00229/2017 19
(i) CAT, Ernakulam Bench in OA.484/2011 (All India Loco Running Staff Associations & Ors vs UOI & Ors) decided on 22.02.2012;
(ii) CAT Ahmedabad Bench in OA.362/2017 (Smt. Meenu Jogendra Kumar Bairava & Ors vs UOI & Ors
17. We have heard Sri M Chanda, learned counsel for the applicant and Sri A Kundu, learned Addl. C.G.S.C. for the respondents and perused the materials placed on record.
18. It is an admitted fact that the applicant was appointed to the post of Hindi Instructor in the pay scale of Rs.470-750/- (revised to Rs.5000-8000/- as per 5th CPC) on 12.11.1984. Subsequently, vide MHA order dated 26.05.1998, one post of Hindi Officer in the pay scale of Rs.6500-10500/- was created in NEPA w.e.f.
the date the post being filled up by simultaneously OA. 043/00229/2017 20 abolishing the post of Hindi Instructor. Accordingly, vide order dated 30.05.1998, applicant was posted as Hindi Officer w.e.f. 01.06.1998 by abolishing the post of Hindi Instructor from the same date. Therefore, the post of Hindi Instructor was not in existence from 01.06.1998 due to creation and filling up the post of Hindi Officer as per order dated 26.05.1998 and 30.05.1998.
19. Thereafter as per recommendation of the 6th CPC and DoPT OM dated 13.11.2009, the pay of the applicant was fixed in Grade Pay of Rs.4600/- in the Pay Band 2 Rs.9300-34800/-. Subsequently, vide order dated 13.03.2014, MHA decided to extend Grade Pay of Rs.5400/- in Pay Band 3 to the Hindi Officer in NEPA and to re-designate the said post as Assistant Director (OL) w.e.f. 01.01.2006 in terms of the DoPT OMs dated 24.11.2008 and 27.11.2008. Pursuant to the said order, applicant was granted Grade Pay of Rs.5400/- in the OA. 043/00229/2017 21 relevant Pay Band 3 and his post was re-designated as Assistant Director (OL) vide order dated 22.03.2014. The specific case of the applicant was that since the applicant was granted Grade Pay of Rs.5400/- w.e.f. 01.01.2006 vide 22.03.2014, the financial upgradation earlier granted in the Grade Pay of Rs.4800/- vide order dated 19.05.2012 had become infructuous and invalid. Therefore, considering the representation of the applicant for review of MACP benefits, the applicant was granted 2nd MACP in the Grade Pay of Rs.6600/- in Pay Band 3 w.e.f. 01.09.2008 vide order dated 28.05.2014 and also granted 3rd MACP in the Grade Pay of Rs.7600/- w.e.f. 14.11.2014.
20. According to the applicant, since the applicant had completed 30 years of service, he is entitled to three financial upgradations in the Grade Pay of Rs.6600/-, Rs.7600/- and Rs.8700/- respectively. The stand of the respondents is that since the OA. 043/00229/2017 22 applicant was promoted and appointed as Hindi Officer on 01.06.1998, he is entitled to 2 nd & 3rd financial upgradations in the Grade Pay of Rs.6600/- and Rs.7600/- only which had already been granted to the applicant. It is already noted that post of Hindi Instructor was not in existence from 01.06.1998 with the creation and filling up the post of Hindi Officer. Besides, it is not the case of the respondents also that Hindi Instructor is feeder cadre for the post of Hindi Officer. Moreover, as regard the stand of the respondents that applicant had already been granted one promotion in 1998, applicant relied on para 5 of the MACP Scheme dated 19.05.2009. For better elucidation, para 5 along with illustration-I of the said scheme is reproduced below:-
"5. Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs.
OA. 043/00229/2017 23 Illustration-I The pre-revised hierarchy (in ascending order) in a particular organisation was as under:-
Rs.5000-8000, Rs.5500-9000 & Rs.6500 - 10500.
(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs.5000-
8000 and who did not get a promotion even after 25 years of service prior to 01.01.2006, in his case as on 1.1.2006 he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organisation, i.e, to the pre-revised scales of Rs.5500-9000 and Rs.6500-10500.
(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs.5000-8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs.5500-9000 & Rs.6500- 10500 during this period.
In the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs.5500- 9000 and Rs.6500-10500 prior to 01.01.2006 will be ignored on account of merger of the pre-revised scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs.4200 in the pay band PB-2. After the implementation of MACPs, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs.4600 and Rs.4800 in the pay band PB-2." Learned counsel for the applicant had drawn our attention to the First Schedule, Part A Section I of the OA. 043/00229/2017 24 CCS (Revised Pay) Rules, 2008, relevant pay scales of the table are extracted below:-
Present Scale Revised Pay Structure
Sl. Post/ Present Scale Name of Corresponding Corresponding
No. Grade Rs. Pay Pay Grade
Band/Scale Bands/Scales Pay Rs.
Rs.
... ... ... ... ... ....
10. S-9 5000-150-9000 PB-2 9300-34800 4200
11. S-10 5500-175-9000 PB-2 9300-34800 4200
12. S-11 6500-200-10500 PB-2 9300-34800 4200
Even if we accept the contention of the respondents that applicant's appointment as Hindi Officer w.e.f. 01.06.1998 as promotion, since the pay scales of Rs.5000-8000/- and Rs.6500-10500/- got merged pursuant to 6th CPC recommendation, as noted above, same has to be ignored for the purpose of granting financial upgradations under MACP as per the para 5 of the MACP Scheme quoted above. We have also gone through both the decisions as relied upon by the applicant and found that similar issue was considered by the Coordinate Benches of this OA. 043/00229/2017 25 Tribunal in favour of the applicants therein, and the both decisions are applicable in the present case.
21. In view of the forgoing reasons, we are of the considered opinion that the applicant is entitled to three financial upgradations under the MACP Scheme. The applicant has sought 1st financial upgradation under ACP Scheme. However, since his case is covered by para 5 of the MACP Scheme which was implemented from 01.09.2008, he will be entitled to 1st financial upgradation in the Grade Pay of Rs.6600/- from 01.09.2008. Applicant also relied on the decision of the Hon'ble Supreme Court in Balbir Singh Turn (supra) in support of his prayer for grant of 2nd financial upgradation in the Grade Pay of Rs.7600/- w.e.f. 01.01.2006. Said decision of the Hon'ble Supreme Court was rendered in the context of MACP Scheme issued by Ministry of Defence with regard to Personnel Below Officer Rank (PBOR) and OA. 043/00229/2017 26 not to the Civilian employees. The issue whether MACP would be effective from 01.09.2008 or 01.01.2206 for civilian employees has already been decided by the Hon'ble Supreme Court in the cases of Union of India vs R K Sharma & Ors, reported in (2021) 5 SCC 579 and also in Union of India vs Ex.HC.GD Virender Singh decided on 22.08.2022 wherein it was held that MACP scheme would be applicable w.e.f. 01.09.2008. Therefore, applicant will be entitled to 2nd financial upgradation in the Grade Pay of Rs.7600/- from 01.09.2008 only. Consequently, applicant is also entitled to 3rd financial upgradation in the Grade Pay of Rs.8700/- from 14.11.2014 on completion of 30 years of regular service.
22. Accordingly, we set aside and quash the impugned letter dated 18.02.2017 (Annexure-13) and direct the respondents to grant the applicant 1st and 2nd financial upgradations in the Grade Pay of OA. 043/00229/2017 27 Rs.6600/- and Rs.7600/- w.e.f.01.09.2008 and also 3 rd financial upgradation in the Grade Pay of Rs.8700/- under MACP w.e.f. 14.11.2014 in modification of earlier orders dated 28.05.2014 and 27.11.2014 along with all consequential benefits. The entire exercise shall be carried out, as early as possible, but not later than four months from the date of receipt of this order.
23. The OA is allowed as above. There shall be no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
/bb/
OA. 043/00229/2017